택배업에 관한 분쟁해결에서 신의칙의 적용 - 하도급분쟁 조정절차를 중심으로 -

The nature of disputes related to the courier service industry is such that the effort required by the parties to collect evidence and the burden on the court is excessive compared to the low value of the dispute objective, and the need for cooperation between the parties to maintain the stability of the contract and service even if there is a dispute between the parties to the contract is considered in the dispute resolution procedure, and court trials are limited in solving problems of this nature. As a systemic measure to improve this, it is necessary to actively utilize alternative dispute resolution methods such as negotiation, mediation, and arbitration. From the perspective of disputants who wish to resolve disputes through mediation procedures, once a mediation agreement becomes binding, it is difficult to reverse it even if there is a defect in the procedure of establishing the mediation agreement or the content of the mediation letter, unless it falls under the grounds for review by a quasi-appellate court according to Korean courts precedents, so it may not be suitable for disputants who need to maintain a continuous cooperative relationship and want to take a flexible approach to resolving disputes in various negotiation processes. In order to solve this problem, a mediation committee specialized in resolving disputes related to the courier service industry should be established, and the mediation agreement prepared through the mediation procedure should have the nature of a reconciliation agreement under civil law without acknowledgement of res judicata. And in order to facilitate the prompt and practical resolution of disputes, legislation to acknowledge the enforceable acceptance of the parties in the mediation letter as a deed of execution if it contains a statement that the parties accept the enforceability of the agreement would be an appropriate measure to resolve disputes related to the courier service industry efficiently and rationally by preventing the burden on the parties and courts due to the nature of disputes related to the courier service industry and the low efficiency or inefficiency in the utilization of the country's judicial resources, while promoting the voluntary resolution of disputes by the parties.